RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 NOVEMBER 2005
      DOCKET NUMBER:  AR20050003777


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Rene' R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John Denning                  |     |Member               |
|     |Ms. Jeanette McCants              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Medical Badge (CMB).

2.  The applicant states he was awarded the CMB as a member of the 47th
Infantry, 9th Division Medical Detachment but, it was not entered on his WD
AGO Form 53-55 (Enlisted Record and Report of Separation).

3.  The applicant provides his WD AGO Form 53-55 and his self-authored
statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 June 1945, the date of his separation.  The
application submitted in this case is dated 15 February 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's WD AGO Form 53-55 shows that he was inducted into the
Army on 28 January 1941 and held military occupational specialty 345 (Truck
Driver – Light).  This form also shows that the applicant served with the
Medical Detachment 47th Infantry and was awarded the Purple Heart.  Item 41
"service schools attended" is listed as "None".  The applicant was
honorably discharged on 30 June 1945.

4.  The applicant, in his self-authored statement, maintains that he was
awarded the CMB with no "fan fare" conducted.  The award was handed out
like the daily mail.  The applicant states that he was not concerned with
the award being placed on his records since he had received the badge.  The
applicant admitted that he has since learned from his Veterans' Chapter,
that if the CMB was listed on his records, he would be entitled to an award
of the Bronze Star Medal.



5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Medical Badge is awarded to medical department personnel
(colonel and below) who are assigned or attached to a medical unit of
company or smaller size that is organic to an infantry unit of brigade,
regimental or smaller size which is engaged in active ground combat.
Battle participation credit is not sufficient; the infantry unit must have
been in contact with the enemy and the Soldier must have been personally
present and under fire during such ground combat.

6.  Review of the applicant's DD Form 214 indicates that he is entitled to
an additional award that is not shown on this form.

7.  The applicant's DD Form 214 does not list award of the World War II
Victory Medal.  Army Regulation 600-8-22 (Military Awards) provides, in
pertinent part, for award of the World War II Victory Medal.  It is awarded
for service between    7 December 1941 and 31 December 1946, both dates
inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The evidence does confirm that the applicant was assigned to a Medical
Detachment during World War II and was awarded the Purple Heart.  However,
the applicant's records show that his military occupational specialty was
truck driver and there is no indication that he attended any medical
service schools.  Therefore, he is not entitled to the award of the CMB.

2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

3.  However, the record does show that the applicant is entitled to the
award of the World War II Victory Medal.

4.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 June 1945, the date of his
separation from active duty.  The ABCMR was not established until 2 January
1947.  As a result, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.  However,
the applicant did not file within the 3-year statute of limitations and has
not provided a compelling explanation or evidence to show that it would be
in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__LE  ___  __JD____  ___JM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show the award of the World War II Victory Medal.





                                  ______Lester Echols________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003777                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051117                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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